Petitioner was convicted on 19-04-2018 and instant criminal appeal of convict/petitioner was filed on 25-04-2018, which is pending in..........

PLJ 2024 Cr.C. (Note) 256
[Lahore High Court, Lahore]
Present: Raja Shahid Mehmood Abbasi, J.
MUHAMMAD EJAZ etc.--Appellants
versus
STATE etc.--Respondents
Crl. A. No. 223140-J of 2018, decided on 28.1.2019.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 426--Suspension of sentence--Pakistan Penal Code, (XLV of 1860), Ss. 324 & 337-F(iii)--Conviction and sentence--Petitioner was convicted on 19-04-2018 and instant criminal appeal of convict/petitioner was filed on 25-04-2018, which is pending in this Court--The sentence awarded to petitioner is certainly short one--He filed titled criminal appeal in year 2018, hence, chances little that it may be taken up for final adjudication for foreseeable future--The fear shown by learned counsel that petitioner risk of having his revision become infructuous due to his continued incarceration may not be without substance--Petition allowed.              [Para 2] A

1999 SCMR 2589.

Mr. Muhammad Tayyab Hanif Ch., Advocate for Appellants.

Mr. Shahid Ali Shakir, Advocate with Complainant.

Mr. Imdad Ali Chatha, DPG for State.

Date of hearing: 28.1.2019.

Order

Crl. Misc. No. 1 of 2018.

Through instant Crl. Miscellaneous, Muhammad Arslan alias Waseem petitioner seeks suspension of his sentence in case/FIR No. 459 dated 29-03-2017, registered under Sections 302, 324, 109, 34, 337-F(iii), PPC at Police Station Saddar, Faisalabad, vide judgment dated 19-04-2018, passed by learned Additional Sessions Judge, Faisalabad, whereby petitioner was convicted and sentenced as under:

U/S. 324, PPC.

Sentenced to five years R.I. He was also held liable to pay
Rs. 50,000/- as fine. In case of non-payment of fine, to further undergo simple imprisonment for a period of two months.

U/S. 337-F(iii), PPC

Sentenced to three years R.I. and was also directed to pay daman to the tune of Rs. 30,000/- to injured Abid. Both the sentences were ordered to run concurrently. He was given benefit of Section 382-B of, Cr.P.C.

2.       After hearing learned counsel petitioner, Deputy Prosecutor General assisted by learned counsel for the complainant and perusing the record, it is observed that petitioner was convicted on 19-04-2018 and instant criminal appeal of the convict/petitioner was filed on 25-04-2018, which is pending in this Court. The sentence awarded to the petitioner is certainly short one. He filed titled criminal appeal in the year 2018, hence, chances little that it may be taken up for final adjudication for foreseeable future. The fear shown by the learned counsel that the petitioner the risk of having his revision become infructuous due to his continued incarceration may not be without substance. Hence, relying upon dictum laid down in case titled “Abdul Hameed vs. Muhammad Abdullah and others” (1999 SCMR 2589), instant petition is allowed, sentence awarded to petitioner Muhammad Arslan alias Waseem is suspended and he shall be released on bail, subject to his furnishing bails bonds in the sum of Rs. 2,00,000/- (Rupees two lac) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court. He be directed to appear before the appellate Court on each and every date of hearing till the final decision of main appeal.

(A.A.K.)          Petition allowed